PA_Legam



European Parliament2019-2024<Commission>{ITRE}Committee on Industry, Research and Energy</Commission><RefProc>2020/0353</RefProc><RefTypeProc>(COD)</RefTypeProc><Date>{11/05/2021}11.5.2021</Date><TitreType>DRAFT OPINION</TitreType><CommissionResp>of the Committee on Industry, Research and Energy</CommissionResp><CommissionInt>for the Committee on the Environment, Public Health and Food Safety</CommissionInt><Titre>on the proposal for a regulation of the European Parliament and of the Council concerning batteries and waste batteries, repealing Directive 2006/66/EC and amending Regulation (EU) No 2019/1020</Titre><DocRef>(COM(2020)0798 – C90400/2020 – 2020/0353(COD))</DocRef>Rapporteur for opinion (*): <Depute>Patrizia Toia</Depute>(*)Associated committee – Rule 57 of the Rules of ProcedurePA_LegamSHORT JUSTIFICATIONBatteries are an important source of energy and one of the key enablers for sustainable development and clean energy. Batteries are an energy storage solution-provider, and as such they have the potential to effectively contribute to the decarbonisation targets of the European Union. The new Regulation establishes a comprehensive framework that includes ensuring that battery cells, modules and packs are manufactured using clean energy, are energy efficient and designed to last long, and are properly collected, recycled or repurposed.The new industrial strategy for Europe (COM(2020) 102 final), on which Parliament adopted an INI led by ITRE (2020/2076(INI)), proposes to reinforce Europe’s open strategic autonomy, warning that Europe’s transition to climate neutrality could replace today’s reliance on fossil fuels with one on raw materials, many of which we source from abroad and for which global competition is becoming fiercer. The Commission Communication “Critical Raw Materials Resilience: Charting a Path towards greater Security and Sustainability” (COM(2020) 474 final), underlines the need to address an increase in global demand of raw materials by reusing them before recycling them. Cobalt, lead, lithium and nickel are considered critical raw materials for the European industrial sector and in particular for battery production. The proposed Regulation builds on the new industrial strategy for Europe, and proposes to mitigate the supply risk for raw materials by setting requirements to ensure a well-functioning market for secondary raw materials, which includes provisions on raw materials recovery targets and on supply chain due diligence policies and schemes.The ITRE Rapporteur hence welcomes the Commission’s initiative on batteries and waste batteries.According to estimates from the World Economic Forum, there is a need to scale up global battery production by a factor of 19 to accelerate the transition to a low-carbon economy. Therefore, an initiative aiming to modernise the EU's legislative framework for batteries is much needed.The manufacture and use of batteries, the underlying value chain, and the handling of end-of-life batteries are cross-cutting issues that affect many policy areas. The Regulation on batteries and waste batteries will have an important impact on energy and industrial policies, for which the ITRE Committee is responsible. The Conference of Presidents of the European Parliament, in its decision of 29 April 2021, has granted the ITRE Committee “shared competences” over certain parts of the proposal under Rule 57 of the Rules of Procedure. In line with this decision, the ITRE Rapporteur is focussing her draft opinion on these provisions, where she has identified several issues that need to be addressed.The definitions of portable batteries and portable batteries of general use are addressed in the draft opinion.There is a need to clarify the definition and requirements that apply to those portable batteries used in light modes of transport as well as in self-balancing vehicles or other vehicles not equipped with at least one seating position. In addition, although the e-bike and e-scooter sectors are growing fast, there seems to be very few provisions covering these sectors, and this needs further discussion and evaluation. Batteries used in these individual urban mobility solutions should be covered by the Regulation, in particular regarding recycled content, performance and durability, as well as due diligence requirements. It is the opinion of the Rapporteur that, in the context of the new markets that this proposal is trying to develop, certain targets, in particular those concerning recycled content (article 8) and efficiency of material recycling and recovery (article 57), are essential elements of the Regulation, and therefore their revision, if necessary, should be made through the ordinary legislative procedure and not through secondary legislation.The obligations for operators placing batteries on the market regarding due diligence are a crucial part of the proposal also in light of the Union’s initiatives on critical raw materials. Hence, it is very important to discuss thoroughly the extent to which they will be applied to battery types and batteries manufacturer.The parameters on health status and expected life, on performance and durability as well as on safety of batteries are integrated with additional tests, deemed useful by the Rapporteur in order to achieve the objectives of the Regulation and to ensure their alignment to ongoing international work on the matter.Finally, the provisions on lithium and cadmium recycling efficiency and recovery are also addressed in this draft opinion in order to strengthen the environmental considerations of the proposed piece of legislation.AMENDMENTSThe Committee on Industry, Research and Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:<RepeatBlock-Amend><Amend>Amendment<NumAm>1</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Recital 12</Article>Text proposed by the CommissionAmendment(12)Within the Regulation’s wide scope, it is appropriate to distinguish between different categories of batteries in accordance with their design and use, independent of the battery chemistry. The classification into portable batteries, on one hand, and industrial batteries and automotive batteries on the other hand under Directive 2006/66/EC should be further developed to better reflect new developments in the use of batteries. Batteries that are used for traction in electric vehicles and which under Directive 2006/66/EC fall in the category of industrial batteries, constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. It is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. Batteries used for traction in other transport vehicles including rail, waterborne and aviation transport, continue to fall under the category of industrial batteries under this Regulation. The industrial battery type encompasses a broad group of batteries, intended to be used for industrial activities, communication infrastructure, agricultural activities or generation and distribution of electric energy. In addition to this non exhaustive list of examples, any battery that is neither a portable battery nor an automotive battery nor an electric vehicle battery should be considered an industrial battery. Batteries used for energy storage in private or domestic environments. are considered industrial batteries for the purposes of this Regulation.Furthermore, in order to ensure that all batteries used in light means of transport, such as ebikes and scooters, are classified as portable batteries, it is necessary to clarify the definition of portable batteries and to introduce a weight limit for such batteries.(12)Within the Regulation’s wide scope, it is appropriate to distinguish between different categories of batteries in accordance with their design and use, independent of the battery chemistry. The classification into portable batteries, on one hand, and industrial batteries and automotive batteries on the other hand under Directive 2006/66/EC should be further developed to better reflect new developments in the use of batteries. Batteries that are used for traction in electric vehicles and which under Directive 2006/66/EC fall in the category of industrial batteries, constitute a large and growing part of the market due to the quick growth of electric road transport vehicles. It is therefore appropriate to classify those batteries that are used for traction in road vehicles as a new category of electric vehicle batteries. Batteries used for traction in other transport vehicles including rail, waterborne and aviation transport, continue to fall under the category of industrial batteries under this Regulation. The industrial battery type encompasses a broad group of batteries, intended to be used for industrial activities, communication infrastructure, agricultural activities or generation and distribution of electric energy. In addition to this non exhaustive list of examples, any battery that is neither a portable battery nor an automotive battery nor an electric vehicle battery should be considered an industrial battery. Batteries used for energy storage in private or domestic environments are considered industrial batteries for the purposes of this Regulation. Furthermore, in order to ensure that all batteries used in light means of transport, such as ebikes and electric scooters (e-scooters), as well as those batteries used in other individual urban means of transport with no seating position, are classified as portable batteries, it is necessary to clarify the definition of portable batteries, and to introduce a new category of batteries used both in light means of transport and in other individual urban means of transport with no seating position, in order for the latter to be covered by specific provisions.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>2</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Recital 21</Article>Text proposed by the CommissionAmendment(21)In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amending the targets for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries.(21)In order to take into account the risk of supply of cobalt, lead, lithium and nickel and to assess their availability, the Commission should assess in 2027 whether it is necessary to revise the targets for the minimum share of recycled cobalt, lead, lithium or nickel present in active materials in batteries and, if appropriate, submit a legislative proposal.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>3</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Recital 23</Article>Text proposed by the CommissionAmendment(23)Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use as well as for rechargeable industrial batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation is refraining from setting additional durability requirements. On the other hand, in the area of batteries for energy storage, existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications.(23)Batteries placed on the Union market should be durable and highly performant. It is therefore necessary to set out performance and durability parameters for portable batteries of general use, for portable batteries used in light means of transport and in other individual urban transport modes, as well as for rechargeable industrial batteries and electric vehicle batteries. For electric vehicle batteries, the informal UNECE Working Group on Electric Vehicles and the Environment is developing in-vehicle durability requirements, so this Regulation is refraining from setting additional durability requirements. On the other hand, in the area of batteries for energy storage, existing measurement methods to test battery performance and durability are not considered sufficiently precise and representative to enable introducing minimum requirements. The introduction of minimum requirements related to performance and durability of these batteries should be accompanied by available adequate harmonised standards or common specifications.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>4</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 2 – paragraph 1 – point 1</Article>Text proposed by the CommissionAmendment(1)‘battery’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable or rechargeable battery cells or of groups of them;(1)‘battery’ means any source of electrical energy generated by direct conversion of chemical energy and consisting of one or more non-rechargeable or rechargeable battery cells or of groups of them, such as battery packs and battery modules;Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>5</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 2 – paragraph 1 – point 7 – introductory part</Article>Text proposed by the CommissionAmendment(7)‘portable battery’ means any battery that:(7)‘portable battery’ means any battery and button cell that:Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>In Directive 2006/66/EC button cells are already comprised in the definition of portable batteries. The amendment aims at doing the same in the proposal for a Regulation.</Amend><Amend>Amendment<NumAm>6</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 2 – paragraph 1 – point 7 – indent 3</Article>Text proposed by the CommissionAmendment—is not designed for industrial purposes; and—is not designed exclusively for industrial uses; andOr. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>The reference to "exclusive" industrial use comes from Directive 2006/66/EC.</Amend><Amend>Amendment<NumAm>7</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 2 – paragraph 1 – point 7 – indent 4 a (new)</Article>Text proposed by the CommissionAmendment—may be used in light means of transport and in other individual urban transport modes;Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>With this amendment the Rapporteur wants to make it clear that batteries used in ebikes, escooters, including self-balancing scooters and so-called trottinettes, are considered portable batteries</Amend><Amend>Amendment<NumAm>8</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 2 – paragraph 1 – point 7 a (new)</Article>Text proposed by the CommissionAmendment(7a)‘button cell’ means any small round portable battery or accumulator whose diameter is greater than its height and which is used for special purposes such as hearing aids, watches, small portable equipment and back-up power;Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>This definition comes from Directive 2006/66/EC.</Amend><Amend>Amendment<NumAm>9</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 2 – paragraph 1 – point 8</Article>Text proposed by the CommissionAmendment(8)‘portable batteries of general use’ means portable batteries with the following common formats: 4,5 Volts (3R12), D, C, AA, AAA, AAAA, A23, 9 Volts (PP3);(8)‘portable batteries of general use’ means portable batteries with the following common formats: button cell, 4,5 Volts (3R12), D, C, AA, AAA, AAAA, A23, 9 Volts (PP3);Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>10</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 2 – paragraph 1 – point 9 a (new)</Article>Text proposed by the CommissionAmendment(9a)'portable batteries used in light means of transport and in other individual urban transport modes' means portable batteries used in light means of transport and in other wheeled vehicles with electric motor that are self-balancing or not equipped with at least one seating position because it is intended that the traveller will be standing;Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>This definition builds on the definition provided for in Regulation (EU) No 168/2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles.</Amend><Amend>Amendment<NumAm>11</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 2 – paragraph 1 – point 11</Article>Text proposed by the CommissionAmendment(11)‘industrial battery’ means any battery designed for industrial uses and any other battery excluding portable batteries, electric vehicle batteries and automotive batteries;(11)‘industrial battery’ means any battery designed exclusively for industrial uses and any other battery excluding portable batteries, electric vehicle batteries and automotive batteries;Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>The reference to "exclusive" industrial use comes from Directive 2006/66/EC.</Amend><Amend>Amendment<NumAm>12</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 8 – title</Article>Text proposed by the CommissionAmendmentRecycled content in industrial batteries, electric vehicle batteries and automotive batteriesRecycled content in industrial batteries, electric vehicle batteries, automotive batteries and portable batteries used in light means of transport and in other individual urban transport modesOr. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>13</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 8 – paragraph 1 – subparagraph 1</Article>Text proposed by the CommissionAmendmentFrom 1 January 2027, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.From 1 January 2027, industrial batteries, electric vehicle batteries, automotive batteries and portable batteries used in light means of transport and in other individual urban transport modes with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation containing information about the amount of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>14</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 8 – paragraph 2 – introductory part</Article>Text proposed by the CommissionAmendment2.From 1 January 2030, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:2.From 1 January 2030, industrial batteries, electric vehicle batteries, automotive batteries and portable batteries used in light means of transport and in other individual urban transport modes with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>15</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 8 – paragraph 3 – introductory part</Article>Text proposed by the CommissionAmendment3.From 1 January 2035, industrial batteries, electric vehicle batteries and automotive batteries with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:3.From 1 January 2035, industrial batteries, electric vehicle batteries, automotive batteries and portable batteries used in light means of transport and in other individual urban transport modes with internal storage and a capacity above 2 kWh that contain cobalt, lead, lithium or nickel in active materials shall be accompanied by a technical documentation demonstrating that those batteries contain the following minimum share of cobalt, lead, lithium or nickel recovered from waste present in active materials in each battery model and batch per manufacturing plant:Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>16</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 8 – paragraph 4</Article>Text proposed by the CommissionAmendment4.Where justified and appropriate due to the availability of cobalt, lead, lithium or nickel recovered from waste, or the lack thereof, the Commission shall be empowered to adopt, by 31 December 2027, a delegated act in accordance with Article 73, to amend the targets laid down in paragraphs 2 and 3.4.By 31 December 2027, the Commission shall assess, whether due to the availability of cobalt, lead, lithium or nickel recovered from waste, and in view of technical and scientific progress, it is appropriate and justified to revise the targets laid down in paragraphs 2 and 3, and, where appropriate, shall submit a legislative proposal for that purpose.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>17</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 9 – title</Article>Text proposed by the CommissionAmendmentPerformance and durability requirements for portable batteries of general usePerformance and durability requirements for portable batteries of general use and portable batteries used in light means of transport and in other individual urban transport modesOr. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>18</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 9 – paragraph 1</Article>Text proposed by the CommissionAmendment1.From 1 January 2027, portable batteries of general use shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.1.From 1 January 2027, portable batteries of general use and portable batteries used in light means of transport and in other individual urban transport modes shall meet the values for the electrochemical performance and durability parameters set out in Annex III as laid down in the delegated act adopted by the Commission pursuant to paragraph 2.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>19</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 9 – paragraph 2 – subparagraph 1</Article>Text proposed by the CommissionAmendmentBy 31 December 2025, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Annex III that portable batteries of general use shall attain.By 31 December 2025, the Commission shall adopt a delegated act in accordance with Article 73 to supplement this Regulation by establishing minimum values for the electrochemical performance and durability parameters laid down in Annex III that portable batteries of general use and portable batteries used in light means of transport and in other individual urban transport modes shall attain.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>20</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 9 – paragraph 2 – subparagraph 3</Article>Text proposed by the CommissionAmendmentIn preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.In preparing the delegated act referred to in the first subparagraph, the Commission shall consider the need to reduce the life cycle environmental impact of portable batteries of general use and of portable batteries used in light means of transport and in other individual urban transport modes and take into consideration relevant international standards and labelling schemes. The Commission shall also ensure that the provisions laid down by that delegated act do not have a significant negative impact on the functionality of those batteries or the appliances into which those batteries are incorporated, the affordability and the cost for end-users and the industry’s competitiveness. No excessive administrative burden shall be imposed on manufacturers of the batteries and the appliances concerned.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>21</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 9 – paragraph 3</Article>Text proposed by the CommissionAmendment3.By 31 December 2030, the Commission shall assess the feasibility of measures to phase out the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, including the adoption of legislative proposals.3.By 31 December 2030, the Commission shall assess the feasibility of measures to phase out the use of non-rechargeable portable batteries of general use in view of minimising their environmental impact based on the life cycle assessment methodology, taking into account the functionality of those batteries or the appliances in which those batteries are incorporated, the affordability and the cost for end-users. To that end, the Commission shall submit a report to the European Parliament and to the Council and consider taking the appropriate measures, such as setting ecodesign requirements for specific products, including the adoption of legislative proposals.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>22</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 10 – paragraph 1 – subparagraph 2 a (new)</Article>Text proposed by the CommissionAmendmentThe Commission is empowered to adopt delegated acts in accordance with Article 73 to amend the electrochemical performance and durability parameters laid down in Annex IV so that they are complementary to or aligned with any technical specifications that may originate from the work of the informal UNECE Working Group on Electric Vehicles and the Environment.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>23</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 12 – paragraph 1</Article>Text proposed by the CommissionAmendment1.Stationary battery energy storage systems shall be accompanied by technical documentation demonstrating that they are safe during their normal operation and use, including evidence that they have been successfully tested for the safety parameters laid down in Annex V, for which state-of-the-art testing methodologies should be used.1.Stationary battery energy storage systems shall be accompanied by technical documentation demonstrating that they are safe during their normal operation and use, including evidence that they have been successfully tested for the safety parameters laid down in points 1 to 9c of Annex V, for which state-of-the-art testing methodologies should be used.Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>Amendments 39-41 are introducing additional tests for stationary battery energy storage systems in Annex V.</Amend><Amend>Amendment<NumAm>24</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 39 – title</Article>Text proposed by the CommissionAmendmentObligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh on the market to establish supply chain due diligence policiesObligation for economic operators that place rechargeable industrial batteries, electric-vehicle batteries and portable batteries used in light means of transport and in other individual urban transport modes with internal storage and a capacity above 2 kWh on the market to establish supply chain due diligence policiesOr. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>25</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 39 – paragraph 1</Article>Text proposed by the CommissionAmendment1.As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWh on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.1.As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries, electric-vehicle batteries and portable batteries used in light means of transport and in other individual urban transport modes with internal storage and a capacity above 2 kWh on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>26</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 57 – paragraph 5</Article>Text proposed by the CommissionAmendment5.The Commission shall be empowered to adopt delegated acts, in accordance with Article 73, to amend the minimum levels of recovered materials for waste batteries laid down in Annex XII, Parts B and C, in light of technical and scientific progress and emerging new technologies in waste management.5.By 31 December 2027, the Commission shall assess the feasibility of the minimum levels of recovered materials for waste batteries laid down in Annex XII, Part B, point 2, and part C, point 2, in light of technical and scientific progress and emerging new technologies in waste management and submit a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>27</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 73 – paragraph 2</Article>Text proposed by the CommissionAmendment2.The power to adopt delegated acts referred to in Articles 6(2), 7(1), (2) and (3), 9(2), 10(3), 12(2), 17(4), 27(3), 39(8), 55(4), 56(4), 57(6), 58(3) and 70(2) shall be conferred on the Commission for a period of five years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.2.The power to adopt delegated acts referred to in Articles 6(2), 7(1), (2) and (3), 9(2), 10(1), 10(3), 12(2), 17(4),27(3), 39(8), 55(4), 56(4), 58(3) and 70(2) shall be conferred on the Commission for a period of five years from [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>Please see Rapporteur AM 22 and 26.</Amend><Amend>Amendment<NumAm>28</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 73 – paragraph 3</Article>Text proposed by the CommissionAmendment3.The delegation of power referred to in Articles 6(2), 7(1), (2) and (3), 9(2), 10(3), 12(2), 17(4), 27(3), 39(8), 55(4), 56(4), 57(6), 58(3) and 70(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.3.The delegation of power referred to in Articles6(2), 7(1), (2) and (3), 9(2), 10(1), 10(3), 12(2), 17(4), 27(3), 39(8), 55(4), 56(4),58(3) and 70(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>Please see Rapporteur AM 22 and 26.</Amend><Amend>Amendment<NumAm>29</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Article 73 – paragraph 6</Article>Text proposed by the CommissionAmendment6.A delegated act adopted pursuant to Articles 6(2), 7(1), (2) and (3), 9(2), 10(3), 12(2), 17(4), 27(3), 39(8), 55(4), 56(4), 57(6), 58(3) and 70(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.6.A delegated act adopted pursuant to Articles6(2), 7(1), (2) and (3), 9(2), 10(1), 10(3), 12(2), 17(4), 27(3), 39(8), 55(4), 56(4), 58(3) and 70(2) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>Please see Rapporteur AM 22 and 26.</Amend><Amend>Amendment<NumAm>30</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex III – title</Article>Text proposed by the CommissionAmendmentElectrochemical performance and durability parameters for portable batteries of general useElectrochemical performance and durability parameters for portable batteries of general use and for portable batteries used in light means of transport and in other individual urban transport modesOr. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>31</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex III – point 1</Article>Text proposed by the CommissionAmendment1.Battery capacity, electric charge which a battery can deliver under a specific set of conditions.1.Measured battery capacity, electric charge which a battery can deliver under a specific set of conditions.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>32</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex IV – Part A – paragraph 1 – point 1</Article>Text proposed by the CommissionAmendment1.Rated capacity (in Ah) and capacity fade (in %).1.Measured capacity (in Ah) and capacity fade (in %).Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>33</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex IV – Part A – paragraph 1 – point 3</Article>Text proposed by the CommissionAmendment3.Internal resistance (in ?) and internal resistance increase (in %).3.Internal resistance (in ?), internal resistance increase (in %) and electrochemical impedance (in ?).Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>34</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex IV – Part A – paragraph 1 – point 5 a (new)</Article>Text proposed by the CommissionAmendment5a.Self discharge.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>35</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex IV – Part A – paragraph 3</Article>Text proposed by the CommissionAmendment‘Capacity fade’ means the decrease over time and upon usage in the amount of charge that a battery can deliver at the rated voltage, with respect to the original rated capacity declared by the manufacturer.‘Capacity fade’ means the decrease over time and upon usage in the amount of charge that a battery can deliver at the rated voltage, with respect to the original measured capacity.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>36</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex IV – Part A – paragraph 7 a (new)</Article>Text proposed by the CommissionAmendment'Self discharge' means the reduction of the stored electric charge when the battery’s electrodes are not connected (for example, when the battery is stored or not used) for an extended period of time (for example 48 h, 168 h, 720 h), with the effect that the battery’s charge gradually reduces over time.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>37</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex V – point 9 – paragraph 2</Article>Text proposed by the CommissionAmendmentProper considerations to the risk of toxic gases emitted from non-aqueous electrolytes should be made for all safety parameters listed in points 1 to 9.Proper considerations to the risk of toxic gases emitted from non-aqueous electrolytes should be made for all safety parameters listed in points 1 to 9c.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>38</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex V – point 9 a (new)</Article>Text proposed by the CommissionAmendment9a.Gas emission – Hazardous substances measurementsBatteries could contain significant amounts of potentially hazardous materials (e.g. highly flammable electrolytes, corrosive and toxic components). If exposed to certain conditions, the integrity of the battery could be compromised with release of hazardous gases. Thus, it is important to identify and quantify substances being released from the battery during tests representing misuse and abuse.Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>The additional tests introduced for stationary battery energy storage systems through this amendment and the following, are meant to address specific safety concerns of these battery types</Amend><Amend>Amendment<NumAm>39</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex V – point 9 b (new)</Article>Text proposed by the CommissionAmendment9b.Flammability testsDetermination of the flammability of any substance (e.g. liquid, solid materials) emitted from the battery.Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>The additional tests introduced for stationary battery energy storage systems through this amendment and the following, are meant to address specific safety concerns of these battery types</Amend><Amend>Amendment<NumAm>40</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex V – point 9 c (new)</Article>Text proposed by the CommissionAmendment9c.Fire testThe objective of the fire test is to expose the battery to fire and assess the risk of an explosion. The measure of the energy released is an important safety indicator.Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>The additional tests introduced for stationary battery energy storage systems through this amendment and the following, are meant to address specific safety concerns of these battery types</Amend><Amend>Amendment<NumAm>41</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex VII – paragraph 1 – point 4</Article>Text proposed by the CommissionAmendment4.Remaining round trip efficiency;4.Remaining round trip efficiency in a standard cycle;Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>42</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex VII – paragraph 1 – point 7 a (new)</Article>Text proposed by the CommissionAmendment7a.The difference/deviation in voltage of the individual battery cells/modules with respect to the average values of the battery;Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>Difference/deviation in voltage is a valuable information for second life uses</Amend><Amend>Amendment<NumAm>43</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex VII – paragraph 1 – point 7 b (new)</Article>Text proposed by the CommissionAmendment7b.The difference/deviation in temperature of the individual battery cells/modules with respect to the average values of the battery.Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>Difference/deviation in temperature is a valuable information for second life uses</Amend><Amend>Amendment<NumAm>44</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex VII – paragraph 1 – point 7 c (new)</Article>Text proposed by the CommissionAmendment7c.Errors.Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>Battery errors are a valuable information for second life uses</Amend><Amend>Amendment<NumAm>45</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex X – point 2 – point i</Article>Text proposed by the CommissionAmendment(i)community life.(i)community life, including that of indigenous peoples.Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>46</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex XII – Part B – point 1 – point a a (new)</Article>Text proposed by the CommissionAmendment(aa)recycling of 75 % by average weight of nickel cadmium batteries;Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>This amendment is addressing the recycling of nickel-cadmium batteries that are missing in the EC proposal</Amend><Amend>Amendment<NumAm>47</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex XII – Part B – point 2 – point a a (new)</Article>Text proposed by the CommissionAmendment(aa)recycling of 75 % by average weight of nickel cadmium batteries;Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>This amendment is addressing the recycling of nickel-cadmium batteries that are missing in the EC proposal</Amend><Amend>Amendment<NumAm>48</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex XII – Part B – point 2 – point b a (new)</Article>Text proposed by the CommissionAmendment(ba)recycling of 50 % by average weight of other waste batteries.Or. <Original>{EN}en</Original><TitreJust>Justification</TitreJust>This amendment introduces an objective for 2030 for other waste batteries which is missing in the EC proposal</Amend><Amend>Amendment<NumAm>49</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex XII – Part C – point 1 – point d</Article>Text proposed by the CommissionAmendment(d)35 % for lithium;(d)70 % for lithium;Or. <Original>{EN}en</Original></Amend><Amend>Amendment<NumAm>50</NumAm><DocAmend>Proposal for a regulation</DocAmend><Article>Annex XII – Part C – point 2 – point d</Article>Text proposed by the CommissionAmendment(d)70 % for lithium;(d)90 % for lithium;Or. <Original>{EN}en</Original></Amend></RepeatBlock-Amend>ANNEX: LIST OF ENTITIES OR PERSONSFROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT<FootprintIntro>The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft opinion:</FootprintIntro>Entity and/or personEnelTernaEurobat EPBAThe Cobalt InstituteAmazon Eurometaux Eucobat CLEPAEnergizerBorgWarnerRECHARGEErametPolitecnico di MilanoUniversità di Milano-BicoccaLEVA EUTransport&EnvironmentENEATeslaECOSEEBDeutsche UmwelthilfeFortumEASEEdEnUmicoreFEADFISEACEABDECNHSTELLANTISFerrariEGMF ................
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